Being arrested and charged with drug possession could have serious ramifications, and our attorneys can help defendants in these situations find a path forward.
Drug possession charges depend on a substance’s classification. For possessing the most addictive controlled substances, Schedules I and II drugs, defendants may be charged with Class A misdemeanors. If convicted, defendants could face almost a year in jail and have to pay expensive fines. For possession of less addictive substances, like Schedule III, IV, or V drugs, defendants might be charged with Class B misdemeanors. Simple possession differs from possession with intent to distribute, which could result in a first degree felony conviction, depending on a drug’s classification and amount. After an arrest, our lawyers can confirm the likely charges law enforcement might bring against you, help arrange bail, and consider how to proceed with building your defense.
To get a free and confidential case review from our drug possession lawyers, call Overson Law, PLLC today at (801) 758-2287.
Understanding Drug Schedules and Possession Charges in Orem, UT
Controlled substances are divided into categories known as schedules. A drug’s schedule and amount will influence the charges brought against a defendant and the possible consequences they would face if convicted.
Schedules I and II
Schedule I drugs are typically the most addictive and dangerous substances, including heroin, LSD, MDMA, peyote, and psilocybin mushrooms. Schedule I substances have no accepted medical use and have a high potential to cause harm. Possession of a Schedule I drug is a Class A misdemeanor upon the first conviction, but defendants could face elevated charges if convicted of similar offenses in the future, according to Utah Code § 58-37-8(2)(b)(ii). Possession of an ounce or more of marijuana is also a Class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine. Possession of 100 pounds or more of marijuana is a second degree felony in Utah.
Because Utah punishes Class A convictions with up to 364 days instead of a full year, convicted defendants can apply for expungement sooner, and our drug possession lawyers can help with this process. Getting a possession conviction expunged can remove it from your criminal record, preventing your past from negatively affecting your future.
Schedule II drugs are classified as such because they have high dependence and abuse risks but also serve legitimate medical purposes in some situations. These include many prescription painkillers, like morphine and oxycodone, and other medications, like Adderall. Possession of a Schedule II drug is a Class A misdemeanor upon the first conviction in Utah.
Schedules III, IV, and V
Schedule III substances are those that have a moderate to low potential for dependence or abuse. Many Schedule III substances have accepted medical uses, making them widely accessible through prescriptions. Substances that fall under this category include ketamine and steroids. The final categories, Schedules IV and V, contain drugs that have a very low potential for abuse, like cough syrup.
For simple possession of Schedule III, IV, or V controlled substances, defendants could face Class B misdemeanor charges, according to § 58-37-8(2)(d). If convicted, defendants could risk up to six months in jail and be made to pay $1,000 in fines. Upon subsequent convictions, the charge would increase from a Class B misdemeanor to a Class A misdemeanor, up to a third degree felony charge upon a third conviction.
Possession of less than one ounce of marijuana is also a Class B misdemeanor despite marijuana being classified as a Schedule I drug on the federal level.
Carefully Examining the Drug Possession Charges Against You in Orem, UT
Depending on the amount of controlled substances allegedly found in a defendant’s possession, they might face greater charges for possession with intent to distribute. Simple possession convictions carry less harsh consequences, whereas possession with intent to distribute could lead to years in jail.
The drug schedule will also matter in these situations. According to § 58-37-8(b)(i), possession with intent to distribute a Schedule I or II drug is a second degree felony, punishable by up to 15 years in prison. Upon a subsequent conviction, the defendant would be guilty of a first degree felony.
The potential consequence for possession with intent to distribute Schedule III or IV substances or marijuana is a third degree felony upon the first conviction and a second degree felony for any subsequent convictions. For Schedule V substances, defendants may be charged with Class A misdemeanors.
The disparity between potential prison sentences for simple possession convictions and possession with intent to distribute convictions is glaring. Depending on the details of your case, like the type and amount of controlled substances allegedly found in your possession, our lawyers may be able to get the prosecution to reduce the charges so that you do not face unnecessary jail time.
Prosecutors can increase charges when defendants allegedly possess controlled substances in protected areas, like near schools, public parks, libraries, or in the presence of minors, according to § 58-37-8(4). Defendants unaware of this possibility might risk additional jail time, as charges can increase by one degree in these situations.
Being arrested for drug charges can be a confusing and stressful experience, but refrain from asking law enforcement about possible charges or the reason for your arrest. Allow our attorneys to ask those questions so that we can better understand your potential case, as law enforcement could intentionally overdramatize the situation to get you to talk or frustrate, confuse, or upset you. In addition to fully explaining your charges, our lawyers can argue for appropriate bail to be set in your case so that you can assist with your defense from the comfort of your home.
Call Our Attorneys for Help with Your Defense in Orem, UT
Call Overson Law, PLLC at (801) 758-2287 to have our drug possession lawyers assess your case for free.
